Texas law allows a court to issue a protective order to protect home members from family violence, if certain conditions are met.

The definition of family violence includes:

• An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault.
• A threat by a member of a family or household against another member of the family or household that reasonably places the person in fear of imminent physical harm, bodily injury, assault, or sexual assault.
• The physical abuse and sexual abuse of a child by a member of the household, as those terms are defined in Texas Family Code §261.001 (1)(C), (E), (G), (H), (I), (J), and (K)External Link.

Texas Family Code, Chapter 82External Link

Texas Family Code §71.004(1) and (2)External Link

See also 2112 Primary Statutory Definitions.

A protective order can require the perpetrator of family violence to leave the home or to take or refrain from taking certain actions.

For example, the court may prohibit the perpetrator from going to the child’s home, child care facility, or school, or from communicating with the other parent or child. The court may also order the perpetrator to complete a treatment program or counseling.

If the case involves the use of family violence (violence directed at anyone other than the child), the caseworker must first consult with the adult victim about obtaining a protective order to remove the person using violence from the home. The caseworker discusses both of the following with the adult victim:

• Whether it is safe for the adult victim to apply for the order.
• Whether DFPS should apply for the order on behalf of the family or household members.

The caseworker may offer a referral to a family violence shelter or the Texas Advocacy ProjectExternal Link for additional advice on obtaining a protective order. This advice may help the adult victim and the caseworker to consider whether the protective order would increase safety for the child and others who were harmed.

Texas Family Code §85.021External Link

Texas Family Code §85.022External Link